Secondary and Cumulative Impacts Master Management Plan - 2014

Article 8: Performance and Maintenance Section 8.1. Performance 8.1.3. Performance Guarantees

E. Release or Reduction of Performance Guarantees 536

1. Requirements for Release or Reduction The Town Engineer (for public infrastructure improvements) or Planning Director (for private site improvements, replacement trees, buffer screening, and landscaping) shall release or reduce a performance guarantee only after: a. The owner or developer has submitted to the Town Engineer or Planning Director, as appropriate, an application for a release or reduction of the performance guarantee that includes certification by the owner‘s or developer‘s engineer or landscape architect, as appropriate, that installation of the guaranteed improvements has been completed in accordance with approved plans and specifications; b. The Town Engineer or Planning Director, as appropriate, has performed a final inspection of the improvements for which a release or reduction is requested, and certified in writing that installation of the guaranteed improvements has been completed in accordance with approved plans and specifications; c. The owner or developer has reimbursed the Town for all costs associated with conducting any inspection that finds the guaranteed improvements for which a release or reduction is requested have not been installed in accordance with approved plans and specifications; d. The owner or developer has provided the Town Engineer or Planning Director, as appropriate, assurances that liens against guaranteed public infrastructure improvements will not be filed after their acceptance by the Town (e.g., through affidavits, releases, or waivers of liens from all contractors and subcontractors); and e. The owner or developer has provided the Town Engineer or Planning Director, as appropriate, any required maintenance guarantee for the same improvements (see Section 8.2.2, Maintenance Guarantees). Limits on Reductions 537 No performance guarantee for public infrastructure improvements shall be reduced to less than 30 percent of the full amount of the performance guarantee until all guaranteed public infrastructure improvements have been completed by the owner or developer. No performance guarantee for required private site improvements, replacement trees, buffer screening, and landscaping shall be reduced to less than 75 percent of the full amount of the performance guarantee, until all guaranteed private site improvements, replacement trees, buffer screening, and landscaping have been completed by the owner or developer. F. Default and Forfeiture of Performance Guarantee 2.

1. Notice of Failure to Install or Complete Improvements 538

If the owner or developer fails to complete installation of the guaranteed improvements within the term of the performance guarantee (as may be extended), the Town Engineer (for public infrastructure improvements) or Planning Director (for private site improvements, replacement trees, buffer screening, and landscaping) shall give the owner or developer 30 days written notice of the default by certified mail.

536 This incorporates the release criteria scattered among various provisions in Sec. 14.12.2, adding the provision relating to the lack of liens. 537 This carries forward the current 30% limit on reductions in Sec. 14.12.2.3, as applied to public infrastructure improvements, but allows up to 75% reductions of guarantees for private improvements, replacement trees, buffer screening, and landscaping. This additional flexibility is intended to recognize the variable nature of such improvements. 538 This new subsection requires the Town to provide the owner/developer at least 30 days‘ notice of a default of the performance guarantee before using the surety funds to complete the defaulted work.

Morrisville, NC

June 2013 Page 8-3

Unified Development Ordinance - Public Hearing Draft